HomeMy WebLinkAbout1992-03-26 Minutes•
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MINUTES OF A MEETING OF TEE FIRE PENSION BOARD
A meeting of the Fayetteville Fire Pension and Relief Fund Board of
Trustees was held on Thursday, March 26, 1992, at 11:00 a.m. in
Room 362 of City Hall.
PRESENT: Firemen Marion Doss, Danny Farrar, and Pete Reagan;
Retirees Richard Baird and Darrell Judy; City
Manager Scott Linebaugh; Administrative Services
Director Ben Mayes; City Attorney Jerry Rose; and
City Clerk Sherry Thomas.
CALL TO ORDER
The meeting was called to order by City Manager Scott Linebaugh.
MINUTES
Reagan, seconded by Farrar, made a motion to approve the minutes of
the February 27, 1992 meeting. The motion was approved by a
unanimous vote.
PENSION LIST
Thomas reported that there were no changes
February. Reagan, seconded by Judy, made
Pension List. The motion was approved by
OLD BUSINESS
PENSION HANDBOOK
on the Pension List for
a motion to approve the
a unanimous vote.
City Clerk Sherry Thomas stated that she had not researched the
requested information regarding pension benefits after 20 years of
service, but she would do so and have the information for the next
meeting.
DISABLED RETIREES
City Manager Linebaugh reported that certain issues have been
raised with regard to disabled retiree benefits.
City Attorney Jerry Rose reported from page 1585 - (c)(1) that the
Fayetteville Fire Pension and Relief Fund Board of Trustees has a
right, indeed a duty to require a physical examination for any
disability retiree, "who has not attained the normal retirement
age." Rose stated that "normal retirement age" is used throughout
the Police and Fire Pension and Relief Fund Act 24-11-800. There
is no definition within that Act of what is considered "normal
retirement age." There are two ways under the law for firemen to
receive retirement: either LOPFI, the state system, or the millage
and pension system. Under the LOPFI system, retirement is tied
with age - 20 years of service and be 55 years old, or have less
than 20 years of service and be 60 years of age. Under the pension
March 26, 1992
system, 20 years of service is required, but there is no age
requirement whatsoever. City Attorney Rose stated that he feels
comfortable with the position that a "normal retirement age" should
refer back to the definition of "normal retirement age" in the
LOPFI State Act - 55 years old with 20 years of service. He
suggested that when the term "normal retirement age" is used, it is
not meant to be 20 years or a service retirement, but a retirement
after age 55.
Therefore, City Attorney Rose stated that in the case of Roy
Skelton, who is below the age of 55 and able to return to work
should he desire, he can be required to take an examination to
determine whether or not he is still disabled. If he is determined
to no longer be disabled, he would have a choice - either choose to
be voluntarily retired after 20 years of service or choose to go
back to work. Rose stated that this appears to be a logical
position - Skelton at age 47 is capable of going back to work if he
so desires, or since he has 23 years of service, he could take
voluntary retirement. Rose explained that since the law is so
ambiguous, Skelton may challenge this position; however, Rose
stated that he would feel comfortable defending this position in
Court.
City Manager Linebaugh stated that since there has been so much
controversy with Roy Skelton's situation, the Pension Board members
would not be doing their duty if they did not require Skelton to
have an examination.
Reagan stated since Skelton was retired on a mental disability, he
should not be sent back to his family physician, but rather to a
specialist.
City Manager Linebaugh suggested that Roy Skelton be evaluated by
Dr. Allen Tuft, a highly recommended and well known psychiatrist
from Rogers.
Reagan made a motion to require examinations of disabled retirees
Roy Skelton and Arvil King.
Reagan reported that Larry Mason suffers from Parkinson's disease,
and he feels he should be exempt from a required examination to
determine his continued disability.
Baird asked for clarification of whether the Board has the option
of requiring the examination of their disabled retirees or is it
mandatory.
Rose responded the way the statute reads, the examination is
discretionary with the Board, and they "may" require it if they see
fit.
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March 26, 1992
City Manager Linebaugh asked whether the other disabled retirees
mentioned are over the age of 55. Reagan responded that they are
not.
Linebaugh further asked if Reagan's motion required examinations of
all concerned disabled retirees by Dr. Tuft. Reagan responded that
Arvil King has been under continual care of Dr. Vincent Runnels, a
neurosurgeon, and suggested that he be allowed to return to Dr.
Runnels for his evaluation.
Linebaugh further suggested that they handle Roy Skelton's
examination in a separate motion since they will be requiring him
to be evaluated by a specialist. He further suggested that the
remaining disabled retirees be allowed to return to their current
attending physicians.
Reagan withdrew his motion.
Doss expressed his concern that Linebaugh's suggested method
appears to be "playing favoritism", by not handling all disabled
retirees the same; further stating that they are already on "shaky
ground" in the case of Roy Skelton.
City Attorney Rose verified that the Board has the option to make
a "special case" out of any of the individual disabled retirees.
He further stated that the Board has legitimate reasons for wanting
to send Skelton to a specialist in mental care, which his family
doctor was not.
City Manager Linebaugh stated that the Board has a right under the
statutes to require any individual on disability to be evaluated by
a doctor of their choice.
It was suggested the Board specify Dr. Runnels for Arvil King, Dr.
Tuft for Roy Skelton, and send Larry Mason to his attending
physician.
Reagan stated he had recently spoken with Larry Mason, and due to
the severity of his condition, he doesn't believe it is necessary
to put him through any further stress.
City Manager Linebaugh responded that if Mason's disability is that
obvious, then the Board also has the discretion to exempt him from
this examination requirement.
Reagan, seconded by Farrar, made
Dr. Allen Tuft, Psychiatrist
evaluation as per Section (c)(1)
a motion to send Roy Skelton to
in Rogers, for a psychiatric
24-11-819.
Chief Mickey Jackson stated that not as Chief, but as a member of
the Fire Department, he wanted to lobby the Board to vote against
Reagan's motion. Jackson explained that he has a real fear that if
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March 26, 1992
Skelton is determined not to be mentally disabled, he will take the
option to return to work. Jackson explained his concern that the
budget authorizes a specific number of positions in the department,
and if Skelton opts to come back to work as the law would enable
him to do, then the last fireman hired will have to be dismissed.
Chief Jackson further stated that in the case of Larry Mason
requiring an examination would be a waste of money as he has an
incurable, permanently disabling disease. Jackson also stated
that he feels confident that no physician will tell Arvil King that
he can return to work at the fire department, but if this were to
happen, the department would be required to make another position
available.
Reagan asked if it was necessary to include in the motion that
Skelton's past medical records be provided to Dr. Tuft or possibly
request the Skelton examination in writing to Dr. Tuft with an
explanation of the circumstances.
City Attorney Rose responded that this was not necessary and should
be left up to Dr. Tuft to request Skelton's previous records if he
so desires.
City Manager Linebaugh called for a vote on the motion to send Roy
• Skelton to Dr. Allen Tuft with further Board action to be taken
upon receipt of Dr. Tuft's report.
Upon roll call, the motion passed unanimously.
Reagan, seconded by Farrar, made a motion to request that Arvil
King be evaluated by his neurosurgeon, Dr. Vincent Runnels, asking
for a report on King's back condition and whether he is able to
return to duty.
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Baird asked who would be paying for these examinations. Rose
responded that the Board pays for these.
Upon roll call, the motion passed unanimously.
Reagan suggested they exempt Larry Mason from an evaluation of his
condition due to the seriousness of his illness.
Judy asked why if Larry Mason is retired, he is not receiving the
65% disability. Reagan responded that Mason's disability was not
a line -of -duty disability. Reagan further explained the three
types of retirement: normal retirement at 50%, disability
retirement at 50%, and line -of -duty disability at 65%.
City Attorney Rose stated that there are physical abnormalities on
the list that are not considered job related, and Parkinson's
disease is not normally included.
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March 26, 1992
Baird asked for verification of whether Roy Skelton applied for
disability initially or whether he retired and later claimed his
disability. Linebaugh explained that he initially claimed
disability.
Baird questioned whether Roy Skelton would have the option to
return to work since he has worked 20 years. City Manager
Linebaugh responded that Skelton cannot be forced out simply due to
his years of service.
OTEER BUSINESS
PENSION AFFIDAVIT
City Clerk Sherry Thomas reported that Dwayne McChristian has not
returned his pension affidavit, even though he had been requested
to do so several times. She asked the Board for direction on this
matter.
Reagan responded that to his knowledge, McChristian's last known
address was in Florida.
Ms. Thomas stated that McChristian's checks have continued to be
delivered to P.O. Box 1128, Siloam Springs and have not been
returned; therefore, she assumes he has also received her letters
requesting the return of the affidavit.
She stated last year pension checks were held until the affidavits
were returned.
Reagan suggested that Thomas send one more letter, stating that his
pension checks would be held pending receipt of the form.
The Board agreed with this and authorized holding the pension check
pending receipt of the affidavit.
NEW BUSINESS
INVESTMENT REPORTS
In the absence of Richard Yada, there was no monthly report from
Merrill Lynch for the Board to review.
Reagan suggested that Merrill Lynch be sent a letter regarding
their absence from this meeting as well as the February 27th Fire
Pension Board meeting. Merrill Lynch set out in their proposal
that they would attend the Board meetings, and they need to be
reminded of that fact. He further requested that the letter be
directed to Richard Yada, Curtis Williams, and Gib Weisbecker.
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March 26, 1992
SPECIAL LEGISLATIVE SESSION
Chief Jackson reported on a list of Bills from the Special Session
that had been signed into law which included House Bill 1007 that
clarifies firemen's pension benefits. He suggested the Board
obtain a copy of the new laws so that their effect on the pension
fund could be determined.
ADJOURNMENT
The meeting was adjourned at 11:34 a.m.